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Native Women's Assn of Canada v Canada, [1994] 3 S.C.R. 627, was a decision by the Supreme Court of Canada on section 2, section 15 and section 28 of the Canadian Charter of Rights and Freedoms, in which the Court decided against the claim that the government of Canada had an obligation to financially support an interest group in constitutional negotiations, to allow the group to speak for its ...
However, if a Treaty man married a non-Treaty woman, his rights and identity would remain intact; the wife and her children would gain full Treaty status. The work to repeal this part of the Indian Act caused hostility and deep divisions within the Indigenous community.
The Bill removed the legal gender discrimination that had impacted Indigenous women in their choice of husband, and allowed women who had been stripped of their Indian status to regain it through a process of reinstatement. [1] [3] Two-Axe Earley was the first woman to have her status reinstated by Indian Affairs Minister David Crombie. [10]
(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.
It has been argued that section 28 can ensure that Aboriginal and treaty rights be guaranteed equally to Aboriginal men and women. On the one hand, section 28 might be seen as ensuring only rights guaranteed by the Charter are held equally by men and women.
Cheryl Suzack and Shari M. Huhndorf argue in Indigenous Women and Feminism: Politics, Activism and Culture that: "Although Indigenous feminism is a nascent field of scholarly inquiry, it has arisen from histories of women's activism and culture that have aimed to combat gender discrimination, secure social justice for Indigenous women, and ...
[5] [6] Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices. Canadian Aboriginal Law enforces and interprets certain treaties between the Crown and Indigenous people, and manages much of their interaction. [7] A major area of Aboriginal law involves the duty to consult and accommodate.
Section 35 recognizes and affirms the treaty rights and Aboriginal rights of the Indigenous peoples in Canada. [20] The Constitution does not define Indigenous rights under Section 35, but they can include Aboriginal titles, rights to occupy and use land resources, self-government rights, and cultural and social rights.